What does a declaration of incompatibility mean under the Human Rights Act 1998?

• A. It indicates that a provision is incompatible with a Convention right; the provision remains in force unless amended.
• B. It invalidates the provision automatically.
• C. It is a declaration that Parliament shall not pass any law.
• D. It creates a new right.

Answer: (A)

A declaration of incompatibility is a formal statement by a court that a piece of legislation cannot be interpreted in a way that respects a Convention right, or is otherwise incompatible with the European Convention on Human Rights as incorporated into UK law by the Human Rights Act 1998. It does not strike the law out or invalidate it automatically; the provision remains in force unless Parliament amends or repeals it. The declaration serves as a clear signal to Parliament that reform is needed, but the ultimate choice about changing the law lies with Parliament.

The other options describe outcomes that don’t match how declarations of incompatibility work: they do not automatically invalidate the provision, they do not prevent future laws from being passed, and they do not create new rights.